Risley v. Social Security Administration
Filing
28
OPINION AND ORDER Awarding Attorney's Fees to the Plaintiff Under the EAJA by Magistrate Judge Steven P. Shreder DENYING as moot 25 Motion for Attorney Fees by Roy Risley and GRANTING 27 Stipulated Motion for Award of Attorney Fees. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
ROY RISLEY, on behalf of ADR,
a minor,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-15-91-SPS
OPINION AND ORDER AWARDING
ATTORNEY’S FEES TO THE PLAINTIFF UNDER THE EAJA
Plaintiff Roy Risley, on behalf of ADR, a minor, was the prevailing party in this
action under the Social Security Act. Plaintiff originally sought an award of attorney’s
fees in the amount of $6,498.00, pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412(d). See Docket No. 25. The Commissioner subsequently filed a Stipulated
Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket
No. 27], indicating that the parties have stipulated to an attorney’s fee in the amount of
$5,500.00.
Upon review of the record herein, the Court finds that said amount is reasonable
and that the Commissioner should be ordered to pay it to the Plaintiff as the prevailing
party herein. See 28 U.S.C. § 2412(d)(1)(A) (“Except as otherwise specifically provided
by statute, a court shall award to a prevailing party other than the United States fees and
other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by
that party in any civil action (other than cases sounding in tort)[.]”); see also Manning v.
Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits attorney’s
fees reimbursement to financially eligible prevailing parties, who make a proper
application, and not to their attorneys.”).
Accordingly, IT IS ORDERED that the Plaintiff’s Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act [Docket No. 25] is DENIED as moot, and the
Commissioner’s Stipulated Motion for Award of Attorney Fees Pursuant to the Equal
Access to Justice Act [Docket No. 27] is hereby GRANTED and that the Government is
hereby ordered to pay the stipulated amount to the Plaintiff as the prevailing party herein.
IT IS FURTHER ORDERED that if the Plaintiff’s attorney is subsequently awarded any
fees pursuant to 42 U.S.C. § 406(b)(1), said attorney shall refund the smaller amount of
such fees to the Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
1986).
DATED this 22nd day of December, 2016.
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